Accessibility in law schools: learning, teaching and assessment

Ann Holmes, Staffordshire University

Presentation from UKCLE seminar on access to law, 12 November 2002

Ann Holmes, Dean of Law at Staffordshire University, highlights the importance for law teachers of anticipating the requirements of accessibility legislation.

If legal action is to be avoided in higher education a number of crucial accessibility issues need to be addressed. Many institutions focus on the compliance of the Estate with the legislation, and while this is an important aspect, it is often an area which has been planned for and therefore has been addressed. Law schools should be addressing the implications for learning, teaching and assessment.

One of the key themes which all the speakers at the seminar emphasised was anticipation. Waiting until the disabled student enrols is too late. Learning, teaching and assessment on all modules and programmes should be reviewed and modified so that the programme can be delivered to any student, irrespective of their special needs. For academic staff this in itself poses a significant staff development issue.

Admissions

Recruitment teams need to review literature, its format and its availability to a wide variety of disabilities, the accessibility of websites, access to open days, interviews etc. For example, are interviews necessary for prospective students with severe speech impediments? Taster days – are the activities available to and suitable for all?

What was clear from the presentations is that if a disability has been identified an assessment of the needs of the student should be made before an offer is made. It may be that the needs cannot be met within that particular law school and it may not be ‘reasonable’ for the school to make adjustments as required by the Act. Procedures in clearing must address the identification of disabled students.

Should an offer be made, a learning contract needs to be drawn up between the student, support services and the law school detailing the expectations which can be met on the part of all parties.

A grey area surrounds the identification of special needs students where this is not mentioned on their application form. For example, if a student is aware of their disability, but does not wish this to be made known, even on a ‘need to know’ basis, are they then in effect waiving their rights under the legislation? The answer would appear to be in the affirmative, particularly if they sign to this effect!

Are staff ‘under a duty’ to take further action if put on notice that someone may have a disability – for example, dyslexia? Some experts believe that if you have notice that there may be a problem, you should refer the student for assessment. For example, a student who demonstrates problems with grammar and spelling may be dyslexic.

Learning and teaching

Learning and teaching methods and assessment need to be designed to meet a wide range of disabilities. Staff need to review the learning environment, support materials, electronic materials and how they deliver lectures and tutorials – are all of these conducive to the provision of equality of opportunity, or are there reasonable adjustments which can be made?

The possible tension between compliance with the legislation and meeting the requirements of the law benchmark statement and the professional bodies raises additional issues. For example, group work is a requirement of the benchmark statement, but has been identified as an activity which, if assessed, may not be appropriate for all disabled students. Written skills are a requirement of both the benchmark statement and the professional bodies, and yet this may pose a problem for many dyslexic students. There is an academic standards defence – is this an area in which the legislation is applicable? Will this defence be supported by the professional bodies, who are currently exempt from the requirements of the legislation, as was seen in the Heidi Cox v GMC case?

Using the ‘anticipation’ model there are some relatively simple adjustments which can be made to ensure equality of opportunity. As a start, UKCLE has produced an accessibility mini-site with links to key materials, publications and advisory agencies to help law teachers engage with these issues – don’t miss it!

Last Modified: 30 June 2010